Acórdão nº 9341048 de Court of Appeal of Porto (Portugal), 07 de Outubro de 1993
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 07 de Outubro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART489. CCIV66 ART2091 ART2088 ART2089 ART2075 ART2078 ART2087.
Sumário: I - Se os RR., na contestação, não alegaram qualquer relação de mandato, para levantarem as quantias que antes dizem ter-lhes sido doadas pelo inventariado, não podem agora, por via de recurso, vir fazer essa alegação perfeitamente precludida por via do que dispõe o artigo 489 do Código de Processo Civil e proibido pelo princípio de que os recursos visam modificar as decisões e não criar soluções sobre matérias novas. II - A acção de petição da herança, configurada nos artigos 2075 e 2078, nº 1 do Código Civil pode ser proposta por qualquer herdeiro, seja ou não cabeça de casal. III - Esta acção não se confunde com a que a lei confere ao cabeça de casal que pretende pedir a entrega de bens que, nos termos da lei, lhe compete administrar ( artigos 2087 e 2088 do Código Civil ). IV - A acção de petição da herança pode ser dirigida contra qualquer herdeiro que, ilicitamente, e não nessa qualidade, detenha um...
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